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Consent, Resistance and Justice Race and Policing in England and Wales

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Consent, Resistance and Justice Race and Policing in England and Wales Runnymede Perspectives Consent, Resistance and Justice Race and Policing in England and Wales Edited by Nadine El-Enany and Eddie Bruce-Jones Disclaimer Runnymede: This publication is part of the Runnymede Perspectives Intelligence for a series, the aim of which is to foment free and exploratory thinking on race, ethnicity and equality. The facts presented Multi-ethnic Britain and views expressed in this publication are, however, those of the individual authors and not necessariliy those of the Runnymede Trust. Runnymede is the UK’s leading independent thinktank ISBN: 978-1-909546-11-0 on race equality and race Published by Runnymede in October 2015, this document is relations. Through high- copyright © Runnymede 2015. Some rights reserved. quality research and thought leadership, we: Open access. Some rights reserved. The Runnymede Trust wants to encourage the circulation of its work as widely as possible while retaining the copyright. • Identify barriers to race The trust has an open access policy which enables anyone equality and good race to access its content online without charge. Anyone can download, save, perform or distribute this work in any relations; format, including translation, without written permission. • Provide evidence to This is subject to the terms of the Creative Commons support action for social Licence Deed: Attribution-Non-Commercial-No Derivative Works 2.0 UK: England & Wales. Its main conditions are: change; • Influence policy at all • You are free to copy, distribute, display and perform levels. the work; • You must give the original author credit; • You may not use this work for commercial purposes; • You may not alter, transform, or build upon this work. You are welcome to ask Runnymede for permission to use this work for purposes other than those covered by the licence. Runnymede is grateful to Creative Commons for its work and its approach to copyright. For more information please go to www.creativecommons.org Runnymede St Clement’s Building, London School of Economics, Houghton Street, London WC2A 2AE T 020 7377 9222 E [email protected] www. runnymedetrust.org Contents Introduction: Racism and Policing in Britain 3 Eddie Bruce-Jones and Nadine El-Enany SECTION I: TAKING STOCK – THE STATE OF POLICING 4 1. Dying for Justice 4 Harmit Athwal 2 Race, Law and the Police: Reflections on the Race Relations 7 Act at 50 Ben Bowling, Shruti Iyer and Iyiola Solanke 3. Police Violence, Justice and the Struggle for Memory 11 Matt Bolton 4. The Violence of Deportation and the Exclusion of Evidence 14 of Racism in the Case of Jimmy Mubenga Nadine El-Enany SECTION II: RACISM AND COUNTER-TERRORISM 16 5. Racial and Religious Profiling in Post-9/11 16 Counter-terrorism Policing Tara Lai Quinlan 6. Policing Muslim Communities and Partnership: ‘Integration’, 18 Belonging and Resistance Waqas Tufail 7. Policing British Asians 21 Alpa Parmar SECTION III: CONSIDERING A WAY FORWARD 24 8. Against Police Brutality 24 Kojo Kyerewaa 9. Building Collective Capacity for Change in the Policing Policy 27 of Stop and Search Neena Samota 10. Police and Crime Commissioners: Reconnecting the Police 30 to the Public? Zin Derfoufi 11. Deaths in Custody in Europe: The United Kingdom in Context 32 Eddie Bruce-Jones 12. Improving Black Experiences of Policing in the European Union 34 Iyiola Solanke APPENDIX Biographical Notes on the Contributors 38 Race and Policing in England and Wales 3 Introduction: Racism and Policing in Britain Nadine El-Enany and Eddie Bruce-Jones Birkbeck College School of Law This edition of Perspectives focuses on racism and where race and policing intersect. The collection policing in Britain. It brings together academics, is organised into three parts. The first, Taking practitioners and activists to examine, and offer Stock – The State of Policing, sets out the key their outlook on, the state of policing and its effects contemporary issues in race and policing within a on black and minority ethnic communities in Britain historical context. The second part, Racism and today. In recent years the US has been in the Counter-Terrorism, examines the racial and religious spotlight for police killings of black men and women, profiling that is at the heart of counter-terror policing including the 2014 killings of Michael Brown in in Britain and examines the impact this is having Ferguson, Missouri, Tanisha Anderson in Cleveland, on Asian and Muslim communities in particular. Ohio, and Eric Garner in New York, as well as the The final part, Considering a Way Forward, brings protest movements which have followed. Britain is no together accounts from grassroots and community stranger to racialised police violence. Following these organisations of their experiences and strategies and other fatal police shootings, solidarity protests when taking up the challenge of scrutinising and with the #BlackLivesMatter movement drew attention seeking accountability for police actions. Included in to the long list of unaccounted-for deaths of black this part are comparative perspectives on practice men and women in Britain. Systemic and institutional and policy from across Europe. racism persists in policing despite its recognition in the Macpherson Report more than fifteen years As the editors of this collection, we consider that the ago. In Britain, black and minority ethnic people insights it offers provide not only a useful summary are disproportionately represented in the criminal of the key issues around race and policing in Britain, justice system at every level, from arrests to stop and how these connect with experiences and and search, to imprisonment, to deaths in custody. struggles in the US and across Europe, but also Successive governments’ counter-terrorism policies a framework to contextualise and inform current have resulted in racial profiling and over-policing academic, legal and policy debates about policing, of Muslim and Asian communities, and have fed a racialised violence and accountability for police pervasive Islamophobia now affecting British and actions. other European societies. Acknowledgements Contributors to this collection have tackled We are grateful to all of the participants who these issues head on from multiple perspectives, have contributed to this publication, and extend incorporating the voices of those affected by particular thanks to the Arts and Humanities Council racialised policing and those who campaign on (AHRC) for their support both of this collection their behalf, together with scholars in the field. and the Runnymede Emerging Scholars Forum Each of their short contributions seeks to provoke (AH/K007564/1) which has made the Forum seminar critical reflection and forward-thinking on key issues series possible. 4 Runnymede Perspectives SECTION I: TAKING STOCK – THE STATE OF POLICING 1. Dying for Justice Harmit Athwal Institute of Race Relations On 23 July 2015, home secretary Theresa May although he was acquitted. Disquiet over Mark announced an independent inquiry into deaths in Duggan’s death and police handling of information to police custody in England and Wales, so moved had the family resulted in disturbances that spread across she been by testimonies from bereaved families she the UK in August 2011. Ultimately the inquest into had met. Whether or not such an inquiry can throw his death brought in a perverse verdict where a jury light onto the murky world of deaths in custody, found that though he was not (as alleged by police) where the knee-jerk reaction for officers is to close holding a gun when he was shot (a gun was later rank, and allow for PR to take over, ultimately helping found on waste ground), he had been lawfully killed. legal teams to justify bringing causes of action, remains to be seen. But the fact May has issued De Menezes’ death at the hands of the police – he a statement is a huge testament to the tenacious was shot seven times by firearms officers – is just campaigns of families who have refused to be fobbed one of the cases detailed in the Institute of Race off, worn down by waiting, priced out of justice, and Relations’ recent report Dying for Justice (DfJ),1 left to quietly acquiesce to a deeply unfair system, based on 509 cases of BAME deaths in police and which rarely brings closure. prison custody and immigration detention since 1991 that the IRR has tracked. Young men from The family of Jean Charles de Menezes is one such BAME communities, and it is overwhelmingly young family. Amidst the current hysteria about nipping men, die in police or prison custody or immigration homegrown extremism in the bud, it would be detention often as a result of neglect or use of force – easy for a nation to forget the shooting (in a case or a combination of the two. The report highlights the of mistaken identity) of the Brazilian electrician. But frequency with which BAME people die in incidents just a day before May’s pronouncement, the tenth involving police or prison officers who use undue memorial for Jean Charles de Menezes was held at force in restraint or a lack of care for those suffering Stockwell tube station, to remember him and the from mental health problems or other forms of ill- years that have passed since his death by shooting health. at close range in July 2005. That his family and friends continue to mark the anniversary and attend According to figures from INQUEST, a disproportionate the annual United Families and Friends Campaign number of people from BAME communities die in remembrance march for those ‘killed in custody’ police custody; since 1990, they number 151. Its is testament to the strength of the family-centred statistics, covering the period 2002–2012, are even campaign. It is also indicative of the protracted fight more striking: of 380 deaths in police custody in so many families in the UK have to wage in order to England and Wales (or as a result of contact with obtain some semblance of justice following a death the police), 69 were from BME communities – which involves officers of the state.
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